support under the Agreement rules, the Carrier further asserts that the Employes' claim for eight (8) hours at penalty time and one-half rates in behalf of (1) the agent-telegrapher on Saturdays and (2) the telegrapherclerk on Mondays account not used on such days is contrary to the wellestablished principle consistently recognized and adhered to by the Board that the right to work is not the equivalent of work performed under the overtime and call rules of an Agreement. See Awards 4244, 4645, 4728, 4815, 5195, 5437, 5764 5929, 5967 and many others.

Also without prejudice to its position that the Employes' claim in the instant dispute is entirely without support under the Agreement rules and should be denied for the reasons previously expressed herein, the Carrier further asserts that the Employes' claim for eight (8) hours at the time and one-half rate in behalf of the agent-telegrapher at Center on Saturdays, beginning September 3, 1949, and for eight (8) hours at the time and onehalf rate in behalf of the telegrapher-clerk at Center on Mondays, beginning September 5 1949, is improper for the reason that the claim was first presented to the Carrier by the Local Chairman in letter dated January 9, 1950, which is quoted in the Carrier's Statement of Facts, and the retroactive penalties are therefore necessarily limited by the provisions of the last sentence of Article V(i) of the Telegraphers' Agreement, effective December 1, 1938 and similar rule appearing as Article V, Section 10 of the current Agreement, both of which read as follows:

"Grievances, other than appeals on time claims or discipline not presented within sixty (60) days from date alleged to have occurred, are barred from consideration. Time claims must be presented in writing to the Railway Company to be entitled to consideration, and any payment claimed will, if allowed, be restricted to a period commencing not earlier than thirty (30) days prior to date so presented."

The Carrier also fully explained in its Statement of Facts that, due to a substantial decrease in business, it was possible to close the station at Center each Saturday, in addition to Sunday, and assign both the agent-telegrapher and the telegrapher-clerk to work Monday through Friday each week with Saturday and Sunday rest days, effective July 8, 1950. In other words, commencing July 8, 1950, there were service, duties, or operations to be performed at Center only five days per week-Monday through Friday. Since the staggered work week assignments complained of were discontinued on that date, the time element involved in this dispute is automatically Testricted to te period from December 10, 1949 to July 7, 1950, inclusive.

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